Re Jackson, Colin Matthew also known as Colin Jackson Ex Parte Agricultural Publishers Pty Ltd (formerly Rural Press (NSW) Pty Ltd) [1996] FCA 949

Re Jackson, Colin Matthew also known as Colin Jackson Ex Parte Agricultural Publishers Pty Ltd (formerly Rural Press (NSW) Pty Ltd) [1996] FCA 949

Because the debtor did not comply with directions, filed no further material, and did not appear, the evidence that the bankruptcy notice was served and the creditor's petition was served was uncontradicted; the Court was satisfied of the matters required by the Bankruptcy Act 1966 and made a sequestration order against the debtor's estate.

Jurisdiction
Australia
Judgment Date
14 October 1996
Procedural Posture
Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition and Making of Sequestration Order
Outcome
Sequestration order made against the estate of the debtor; petitioning creditor's costs ordered to be taxed and paid in priority in accordance with the Bankruptcy Act 1966.
Legal Topics
["creditor's Petition" 'sequestration Order' 'service of Bankruptcy Notice' 'costs']
['bankruptcy'] ["creditor's Petition" 'sequestration Order' 'service of Bankruptcy Notice' 'costs']

Case Brief

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Procedural Posture

Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition and Making of Sequestration Order

Legal Issues

  1. 1 ["Whether the debtor was indebted as alleged in the creditor's petition." 'Whether the debtor was served with a copy of the bankruptcy notice.' 'Whether the Court was satisfied of the matters required by the Bankruptcy Act 1966 for a sequestration order.']

Ratio Decidendi

Because the debtor did not comply with directions, filed no further material, and did not appear, the evidence that the bankruptcy notice was served and the creditor's petition was served was uncontradicted; the Court was satisfied of the matters required by the Bankruptcy Act 1966 and made a sequestration order against the debtor's estate.

Court Disposition

Sequestration order made against the estate of the debtor; petitioning creditor's costs ordered to be taxed and paid in priority in accordance with the Bankruptcy Act 1966.

Orders

  • ['A sequestration order be made against the estate of the debtor.' "The petitioning creditor's costs of and incidental to the petition, including reserved costs, be taxed and paid in priority in accordance with the Bankruptcy Act 1966."]